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Sanjeev Sharma
Good evening - We started a partnership firm in February 2015 and 1 employee joined in June 2017 and it had 12 employees until March 2019. In March 2019, we did not convert our partnership firm to pvt ltd but registered new company with same name and pvt ltd. We did not provide new offer letters, joining letters to existing 12 employees of partnership firm. From March 2019 onwards, we paid all salaries, PF, health insurance from the pvt ltd company but had not registered for gratuity even if we crossed 15 employees. Now in June 2024, the employee that had joined in 2017 has resigned and asking for gratuity as his salary was processed by pvt ltd firm and has salary slips, pf from it. However, he was employee of partnership firm since his joining and no new joining letter was provided from pvt ltd firm. Can you please advise if gratuity is applicable to him?
From India, Pune
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